The Financial Crisis in Constitutional Perspective

The Dark Side of Functional Differentiation
Herausgeber: Febbrajo, Alberto; Teubner, Gunther; Kjaer, Poul F.

• Gebundenes Buch

Produktbeschreibung

This volume presents the first thorough sociologically-informed legal analysis of the financial crisis which unfolded in 2008. It combines a multitude of theoretically informed analyses of the causes, dynamics and reactions to the crisis and contextualises these within the general structural transformations characterising contemporary society. It furthermore explores the constitutional implications of the crisis and suggests concrete changes to the constitutional set-up of contemporary society. Although the question of individual responsibility is of crucial importance, the central idea animating the volume is that the crisis cannot be reduced to a mere failure of risk perception and management for which individual and collective actors within and outside of financial organisations are responsible. The 2008 crisis should rather be understood as a symptom of far deeper structural transformations. For example contemporary society is characterised by massive accelerations in the speed with which societal processes are reproduced as well as radical expansions in the level of globalisation. These transformations have, however, been asymmetrical in nature insofar as the economic system has outpaced its legal and political counterparts. The future capability of legal and political systems to influence economic reproduction processes is therefore conditioned by equally radical transformations of their respective operational forms and self-understanding. Potentially the 2008 crisis, therefore, has far-reaching constitutional implications.

Produktdetails

• Verlag: Hart Publishing
• Seitenzahl: 466
• Erscheinungstermin: 27. Juli 2011
• Englisch
• Abmessung: 240mm x 161mm x 29mm
• Gewicht: 877g
• ISBN-13: 9781841130101
• ISBN-10: 1841130109
• Artikelnr.: 33841138

Autorenporträt

Poul F Kjaer is Alexander von Humboldt Fellow at the Cluster of Excellence: Formation of Normative Orders, Goethe University Frankfurt am Main. Gunther Teubner is Professor of Law and Principal Investigator at the Cluster of Excellence: Formation of Normative Orders, Goethe University Frankfurt am Main and Distinguished Professor at the International University College, Torino. Alberto Febbrajo is Professor of Sociology and Anthropology of Law at the University of Macerata, Italy.

Inhaltsangabe

Introduction Poul F Kjaer SECTION I: The Financial Crisis in a Systemic
Perspective 1. A Constitutional Moment? The Logics of 'Hitting the Bottom'
Gunther Teubner 2. Towards a General Theory of Function System Crises
Rudolf Stichweh SECTION II: Dynamics Section II.1: The Breakdown of
Expectations 3. The Financial Market Crisis-a Case of Network Failure?
Karl-Heinz Ladeur 4. Death by Complexity-the Financial Crisis and the
Crisis of Law in World Society Moritz Renner 5. Political Epidemiology and
the Financial Crisis Urs Stäheli Section II.2: Fundamental Crises of
society 6. The Return of Crisis Hauke Brunkhorst 7. The Culture Form of
Crisis Dirk Baecker 8. What is a Crisis? Jean Clam SECTION III: Reactions
Section III.1: Regulatory Reactions 9. Eroding Boundaries: On Financial
Crisis and an Evolutionary Concept of Regulatory Reform Marc Amstutz 10.
The Failure of Regulatory Institutions-a Conceptual Framework Alberto
Febbrajo Section III.2: Individual and Collective Reactions 11. Struggles
for Law: Global Social Rights as an Alternative to Financial Market
Capitalism Kolja Möller 12. The Ethics of the Financial Crisis Aldo
Mascareño Section III.3: Constitutional Transformation 13. The Future of
the State Chris Thornhill 14. Law and Order within and Beyond National
Configurations Poul F Kjaer